Suspended sentence for man who cut off au pair’s underwear during sexual assault was too lenient, appeal court finds

Man sent to prison for two and a half years

A detective Garda told Brian Haig’s sentencing hearing that the woman fell asleep and woke at 6am to find Haig, fully naked, lying on on top of her. Picture: Denis Minihane

The fully suspended sentence handed down to a 40-year-old man who cut off an au pair’s underwear and sexually assaulted her while she slept was too lenient, the Court of Appeal found today as it sent him to jail for two and a half years.

Brian Haig, 40, of Roscrea, Co Tipperary, pleaded guilty to a single count of sexual assault at an address in the county on March 10, 2019. Judge Cormac Quinn imposed an 18-month suspended sentence at Tipperary Circuit Court on January 12, 2023.

However, the three-judge Court of Appeal quashed the original sentence after the Director of Public Prosecutions argued that the headline sentence of two and a half years set by the judge was too low.

Dermot Collins, for the DPP, told the three-judge court that the “starkest aggravating factor” in the case was the fact that the woman’s clothing had been cut and removed while she was asleep before she woke to find Haig naked on top of her.

After hearing submissions in the case, the court rose for a short period, before they returned and quashed the original sentence. The court resentenced Haig to three and a half years in prison with the final 12 months suspended.

The facts of the case were outlined in submission documents provided to the court today. The DPP submission noted that the victim was an au-pair in her 20s visiting Ireland to mind children for local families.

The injured party had been out socialising in local pubs and had met Haig and his partner during the course of the night before. The three visited several pubs where they all consumed alcohol before returning to the house Haig shared with his partner where further alcohol was consumed.

The woman was invited to stay in the house for the night and was provided with a blanket and pillow to facilitate her sleeping on the couch.

Detective Garda Oliver Hennelly told Haig’s sentencing hearing that the woman fell asleep and woke at 6am to find Haig, fully naked, lying on on top of her. Her clothing had been removed.

She screamed at him to stop and went to dress before fleeing the house. While attempting to get dressed, she discovered that her underwear and tights had been cut off her person by Haig.

Subsequent forensic analysis confirmed that the victim’s clothing had been cut with a sharp blade, possibly a knife or a scissors.

Haig was arrested and during the course of interviews, initially indicated his belief was that he had performed consensual oral sex on the injured party. This was completely at odds with the evidence of the injured party, who said that she was asleep at all times until she woke naked to find Haig on top of her, Det Gda Hennelly, said.

Haig subsequently pleaded guilty to one count of sexual assault.

Sentencing Judge Cormac Quinn nominated a headline sentence of two and a half years which he reduced to 18 months. Thereafter, he fully suspended the sentence for a period of two years.

The Director of Public Prosecutions appealed the sentence, arguing that it was unduly lenient in all the circumstances of the case.